The unlawful possession of a firearm by an individual with a prior felony conviction is a grave offense, carrying substantial consequences. New York maintains stringent gun laws designed to keep firearms from falling into the hands of those deemed a risk to public safety. Please continue reading as we explore what you should know about these matters and the importance of consulting our seasoned Long Island Criminal Lawyers for guidance. 

Can a Convicted Felon Legally Possess a Firearm in New York?

In New York, those convicted of a felony are generally prohibited from owning, possessing, or having control over firearms. Federal and state law both bar an individual with a felony on their record from acquiring a permit to possess a firearm.

While difficult, it may be possible to regain your Second Amendment privileges. To have their gun rights restored,  individuals convicted of a felony can apply to the Executive Clemency Bureau for a Certificate of Relief From Disabilities. This certificate can remove some of the legal barriers to possessing firearms. However, they don’t automatically grant the right. Even with a certificate, a separate application for a firearms license must be made to the local licensing authority, which has broad discretion in granting or denying firearms licenses.

Beyond the legal technicalities, licensing bodies often evaluate an applicant’s complete background, including their stability, character, and any history of violence. The applicant bears the responsibility of convincing authorities that they no longer pose a risk and are suitable to own a firearm. This typically requires submitting extensive documentation, character references, and potentially participating in interviews. Consequently, the process of restoring gun rights in New York underscores the state’s rigorous regulations and its prudent stance on firearm possession.

What Penalties Will I Face for Felony Possession of a Firearm?

Possessing a firearm after a felony conviction in New York is a serious crime, carrying harsh penalties. The severity of the penalties you will face depends on the specific weapon and the unique circumstances of the possession, with enhancements for habitual offenders. Potential consequences include:

  • Criminal Possession of a Weapon in the Third Degree: This is a Class D felony, which is punishable by up to seven years in prison, along with fines. This charge applies to possessing three or more weapons, having a prior criminal conviction, or possessing a defaced weapon. You should note that it’s classified as a violent felony, meaning a mandatory minimum sentence of at least 2 years will be imposed.
  • Criminal Possession of a Firearm: This is a Class E felony, which is punishable by a maximum sentence of 4years and potential fines of up to $5,000.
  • Criminal Possession of a Weapon in the Second Degree: This is a Class C violent felony, which carries a mandatory minimum term of imprisonment of 3.5 years for first-time offenders, and 5 years for those with a prior felony on their record. The maximum prison sentence is up to 15 years.

If you have been charged with a firearm offense in New York as a previously convicted felony, consulting a skilled attorney from Castro & Trodden, LLC, is not merely advisable but crucial. Our legal team will tirelessly advocate on your behalf, striving to achieve the most favorable outcome possible given the challenging circumstances.